1-1 By: Eckels (Senate Sponsor - Armbrister) H.B. No. 2663
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 19, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 7, Nays 0; May 25, 1993, sent
1-6 to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-21 Amend H.B. 2663 by adding the following appropriately numbered
1-22 sections:
1-23 SECTION 2. Section 133.082, Natural Resources Code, is
1-24 amended to read as follows:
1-25 Sec. 133.082. CIVIL PENALTY. (a) A person or responsible
1-26 party who violates this chapter or a rule or order adopted under
1-27 this chapter after due notice is liable <to the state> for a civil
1-28 penalty of not less than $500 or more than $5,000 for each act of
1-29 violation on a first offense.
1-30 (b) A person or responsible party who violates this chapter
1-31 or a rule or order adopted under this chapter after due notice is
1-32 liable <to the state> for a civil penalty of not less than $1,000
1-33 or more than $10,000 for each act of violation on a second and
1-34 subsequent offense.
1-35 SECTION 3. Section 133.083(a), Natural Resources Code, is
1-36 amended to read as follows:
1-37 (a) The commission or a county in which a violation of this
1-38 chapter or a rule or order adopted under this chapter is occurring
1-39 or has occurred may enforce this chapter or a rule or order adopted
1-40 under this chapter by injunction or other appropriate remedy.
1-41 SECTION 4. Section 133.084, Natural Resources Code, is
1-42 amended to read as follows:
1-43 Sec. 133.084. RECOVERY OF COSTS. (a) A person responsible
1-44 for a quarry or pit is liable to the state for customary, ordinary,
1-45 and reasonable costs incurred by the commission in undertaking
1-46 corrective or enforcement action under this chapter and for court
1-47 costs and attorney's fees.
1-48 (b) A person responsible for a quarry or pit is liable to a
1-49 county for customary, ordinary, and reasonable costs incurred by
1-50 the county in undertaking enforcement action under this chapter and
1-51 for court costs and attorney's fees.
1-52 SECTION 5. Section 133.085, Natural Resources Code, is
1-53 amended by adding Subsection (d) to read as follows:
1-54 (d) A county in which a violation of this chapter or a rule
1-55 or order adopted under this chapter is occurring or has occurred
1-56 may bring suit for injunctive relief, civil penalty, or both, as
1-57 appropriate, under this subchapter.
1-58 SECTION 6. Section 133.086, Natural Resources Code, is
1-59 amended to read as follows:
1-60 Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS.
1-61 (a) Money collected under Section 133.082 or 133.084 of this code
1-62 shall be deposited in the state treasury to the credit of the Texas
1-63 aggregates quarry and pit safety fund.
1-64 (b) Money collected under Section 133.082 of this code in a
1-65 suit brought by a county shall be retained by that county. Money
1-66 collected under that section in a suit brought by the state shall
1-67 be equally divided between the state and the county in which the
1-68 violation occurred. The state shall deposit its share of the
2-1 recovery in the state treasury to the credit of the Texas
2-2 aggregates quarry and pit safety fund.
2-3 SECTION 7. Chapter 133, Natural Resources Code, is amended
2-4 by adding Subchapter F to read as follows:
2-5 SUBCHAPTER F. AUTHORITY TO REGULATE QUARRIES AND
2-6 PITS IN CERTAIN COUNTIES
2-7 Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a
2-8 population of 1 million or more may adopt regulations requiring the
2-9 placement of safety devices on aggregate quarries and pits.
2-10 Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation
2-11 adopted under this subchapter applies only in the unincorporated
2-12 area of the county.
2-13 Sec. 133.093. CONFLICT WITH COMMISSION RULE. If a
2-14 regulation adopted under this subchapter conflicts with a
2-15 commission rule, the commission rule prevails.
2-16 A BILL TO BE ENTITLED
2-17 AN ACT
2-18 relating to the powers and duties of the commissioners court.
2-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-20 SECTION 1. Subchapter B, Chapter 81, Local Government Code,
2-21 is amended by adding Section 81.028 to read as follows:
2-22 Sec. 81.028. CERTAIN POWERS SPECIFIED. Each commissioners
2-23 court may:
2-24 (1) establish public ferries whenever the public
2-25 interest may require;
2-26 (2) lay out and establish, change, discontinue, close,
2-27 abandon, or vacate public roads and highways;
2-28 (3) build bridges and keep them in repair;
2-29 (4) appoint road overseers and apportion hands;
2-30 (5) exercise general control over all roads, highways,
2-31 ferries, and bridges in their counties;
2-32 (6) provide for the support of paupers, residents of
2-33 their county, who are unable to support themselves. A county is
2-34 obligated to provide health care assistance to eligible residents
2-35 only to the extent prescribed by Chapter 61, Health and Safety
2-36 Code, but that chapter does not affect the authority of a
2-37 commissioners court to provide eligibility standards or other
2-38 requirements relating to other assistance programs or services that
2-39 are not covered by Chapter 61; and
2-40 (7) use county road machinery and funds from the
2-41 general fund or road and bridge funds in cleaning streams and in
2-42 aiding flood control when such improvements are deemed to be of aid
2-43 to the county in the maintenance and the building of county roads.
2-44 SECTION 2. Article 2351, Revised Statutes, is repealed.
2-45 SECTION 3. This Act takes effect September 1, 1993.
2-46 SECTION 4. The importance of this legislation and the
2-47 crowded condition of the calendars in both houses create an
2-48 emergency and an imperative public necessity that the
2-49 constitutional rule requiring bills to be read on three several
2-50 days in each house be suspended, and this rule is hereby suspended.
2-51 * * * * *
2-52 Austin,
2-53 Texas
2-54 May 25, 1993
2-55 Hon. Bob Bullock
2-56 President of the Senate
2-57 Sir:
2-58 We, your Committee on Intergovernmental Relations to which was
2-59 referred H.B. No. 2663, have had the same under consideration, and
2-60 I am instructed to report it back to the Senate with the
2-61 recommendation that it do pass, as amended, and be printed.
2-62 Armbrister,
2-63 Chairman
2-64 * * * * *
2-65 WITNESSES
2-66 FOR AGAINST ON
2-67 ___________________________________________________________________
2-68 Name: Craig Pardue x
2-69 Representing: Dallas County
2-70 City: Dallas
3-1 -------------------------------------------------------------------
3-2 Name: Jim Allison x
3-3 Representing: County Judges & Commiss Assoc
3-4 City: Austin
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3-6 Name: Donald Lee x
3-7 Representing: Harris Co. Judg. Jon Lindsay
3-8 City: Houston
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3-10 Name: Sam D. Seale x
3-11 Representing: Tx Assoc of Counties
3-12 City: Austin
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